MRS Title 26, Chapter19: DEPARTMENT OF LABOR
Text current through November 1, 2017, see disclaimer at end of document.
Title 26: LABOR AND INDUSTRY
Chapter19: DEPARTMENT OF LABOR
Table of Contents
Subchapter1. DEPARTMENT OF LABOR 0
Section1401. DEPARTMENT; COMMISSIONER (REPEALED) 0
Section1401-A. DEPARTMENT; COMMISSIONER 0
Section1401-B. COMMISSIONER 0
Section1402. DEBARMENT FROM STATE CONTRACTS 0
Section1403. LABOR STANDARDS FOR PERSONS REQUIRED TO WORK AS CONDITION OF RECEIVING PUBLIC ASSISTANCE AND AFFECTED EMPLOYEES 0
Section1404. MIGRANT AND IMMIGRANT WORKER ASSISTANCE OUTREACH PROJECT 0
Section1405. LIVABLE WAGES; CALCULATION (REPEALED) 0
Section1406. CALCULATION OF LIVABLE WAGE 0
Subchapter2. REHABILITATION SERVICES 0
Article1. REHABILITATION ACT 0
Section1411. SHORT TITLE 0
Section1411-A. DEFINITIONS 0
Section1411-B. REHABILITATION SERVICES UNIT CREATED 0
Section1411-C. AUTHORITY 0
Section1411-D. POWERS AND DUTIES OF DEPARTMENT 0
Section1411-E. ACCEPTANCE OF FEDERAL PROVISIONS 0
Section1411-F. RECEIPT AND DISBURSEMENT OF FUNDS 0
Section1411-G. GIFTS 0
Section1411-H. MAINTENANCE NOT ASSIGNABLE 0
Section1411-I. HEARINGS AND JUDICIAL REVIEW 0
Section1412. MISUSE OF LISTS AND RECORDS 0
Section1412-A. EMPLOYEES NOT TO ENGAGE IN POLITICAL ACTIVITIES 0
Section1412-B. REPORTING AND EVALUATION OF REHABILITATION NEEDS 0
Section1412-C. BUREAU OF REHABILITATION SERVICES; DIVISION OF VOCATIONAL REHABILITATION 0
Section1412-D. PROVISION OF REHABILITATION SERVICES 0
Section1412-E. RULES 0
Section1412-F. ADOPTION OF A GRIEVANCE PROCEDURE CONCERNING DISCRIMINATION ON THE BASIS OF DISABILITY 0
Section1412-G. PROGRAM OF CONSUMER-DIRECTED PERSONAL CARE ASSISTANCE SERVICES (REPEALED) 0
Section1412-H. PROGRAM OF STATE-FUNDED CONSUMER-DIRECTED PERSONAL CARE ASSISTANCE SERVICES (REPEALED) 0
Section1412-I. STRATEGIC PLANNING REPORT 0
Article2. DIVISION FOR THE DEAF, HARD OF HEARING AND LATE DEAFENED 0
Section1413. DIVISION FOR THE DEAF, HARD OF HEARING AND LATE DEAFENED 0
Section1413-A. DEFINITIONS 0
Section1413-B. POWERS AND DUTIES 0
Section1413-C. COMMISSION 0
Section1413-D. COMMISSION; POWERS AND DUTIES 0
Section1413-E. DIRECTOR OF THE DIVISION FOR THE DEAF, HARD OF HEARING AND LATE DEAFENED 0
Article3. INDEPENDENT LIVING SERVICES FOR PEOPLE WITH DISABILITIES 0
Section1414. DEFINITIONS 0
Section1414-A. GRANTS 0
Article4. ASSISTANCE TO PEOPLE WITH SEVERE PHYSICAL DISABILITIES TO ENABLE THEM TO WORK 0
Section1415. DEFINITIONS (REPEALED) 0
Section1415-A. SUBSIDY (REPEALED) 0
Section1415-B. ELIGIBILITY (REPEALED) 0
Section1415-C. EVALUATION TEAM REPORT (REPEALED) 0
Section1415-D. RULES (REPEALED) 0
Article5. IMPROVING OUTDOOR RECREATIONAL OPPORTUNITIES FOR PERSONS WITH DISABILITIES 0
Section1416. DEFINITIONS (REPEALED) 0
Section1416-A. ADVISORY COMMITTEE ON IMPROVING OUTDOOR RECREATIONAL OPPORTUNITIES FOR PERSONS WITH DISABILITIES (REPEALED) 0
Section1416-B. IMPROVING RECREATIONAL OPPORTUNITIES FOR PERSONS WITH DISABILITIES 0
Article6. REHABILITATION SERVICES 0
Section1417. REHABILITATION SERVICES 0
Article7. SERVICES FOR BLIND AND VISUALLY IMPAIRED INDIVIDUALS 0
Section1418. DEFINITIONS 0
Section1418-A. DIVISION FOR THE BLIND AND VISUALLY IMPAIRED 0
Section1418-B. JURISDICTION OF DIRECTOR DEFINED 0
Section1418-C. PROGRAM ESTABLISHED; DIVISION FOR THE BLIND AND VISUALLY IMPAIRED 0
Section1418-D. EDUCATION OF BLIND CHILDREN 0
Section1418-E. MANDATORY REPORT OF BLINDNESS 0
Section1418-F. BUSINESS ENTERPRISE PROGRAM 0
Section1418-G. PREFERENCE 0
Section1418-H. POWERS AND DUTIES OF THE DIVISION 0
Section1418-I. CONSTRUCTION; REMODELING; PLANNING FOR VENDING FACILITY 0
Section1418-J. CONSTRUCTION OF BUILDINGS 0
Section1418-K. FEES 0
Section1418-L. CORRECTIONAL, MENTAL AND CERTAIN EDUCATIONAL INSTITUTIONS 0
Section1418-M. APPLICATION 0
Article8. DEAF, HARD-OF-HEARING AND LATE-DEAFENED PERSONS 0
Section1419. GENERAL PROVISIONS 0
Section1419-A. SPECIALIZED CUSTOMER COMMUNICATIONS EQUIPMENT FOR PERSONS WITH DISABILITIES 0
Section1419-B. EQUAL ACCESS FOR DEAF, HARD-OF-HEARING OR SPEECH-IMPAIRED CONSUMERS TO WIRELESS TELECOMMUNICATION SERVICES (REPEALED) 0
Section1420. POLICY 0
Section1420-A. RIGHTS 0
Section1420-B. MOTOR VEHICLE DRIVERS 0
Section1420-C. PENALTY 0
Section1420-D. MISREPRESENTATION OF HEARING DOG (REPEALED) 0
Article9. PERSONAL CARE ASSISTANCE SERVICES FOR ADULTS WITH SEVERE PHYSICAL DISABILITIES 0
Section1421. PROGRAM ESTABLISHED (REPEALED) 0
Section1421-A. ELIGIBILITY (REPEALED) 0
Section1421-B. EVALUATION TEAMS (REPEALED) 0
Section1421-C. REIMBURSEMENT (REPEALED) 0
| XXX
MRS Title 26, Chapter19: DEPARTMENT OF LABOR
Maine Revised Statutes
Title 26: LABOR AND INDUSTRY
Chapter19: DEPARTMENT OF LABOR
Subchapter 1:DEPARTMENT OF LABOR
§1401. DEPARTMENT; COMMISSIONER
(REPEALED)
SECTION HISTORY
1971, c. 499, §§1,3 (NEW). 1971, c. 620, §12 (RPR). 1973, c. 537, §30 (AMD). 1975, c. 771, §289 (AMD). 1977, c. 674, §25 (AMD). 1977, c. 675, §§29,30 (AMD). 1981, c. 168, §§19,20,26 (AMD). 1983, c. 305, §8 (AMD). 1983, c. 351, §37 (AMD). 1983, c. 469, §2 (AMD). 1983, c. 489, §15 (AMD). 1983, c. 650, §§3,4 (AMD). 1983, c. 816, §A24 (AMD). 1985, c. 785, §B121 (AMD). 1987, c. 542, §§F1,F2,F5 (AMD). 1995, c. 560, §G14 (RP). 1995, c. 618, §§15-17 (AMD). 1997, c. 393, §§A27-29 (AMD).
§1401-A. DEPARTMENT; COMMISSIONER
1.Establishment. There is created and established the Department of Labor, referred to in this chapter as the "department," to achieve the most effective utilization of the employment and training resources in the State by developing and maintaining an accountable state employment and training policy, by ensuring safe working conditions and protection against loss of income and by enhancing the opportunities of individuals to improve their economic status.
[ 1995, c. 560, Pt. G, §15 (NEW) .]
2.Commissioner; entities incorporated. The department consists of a Commissioner of Labor, referred to in this chapter as the "commissioner," appointed by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters and to confirmation by the Legislature, to serve at the pleasure of the Governor, and the following entities as previously created or established are incorporated into the Department of Labor:
A. The Bureau of Unemployment Compensation; [1995, c. 560, Pt. G, §15 (NEW).]
B. The Bureau of Employment Services; [2013, c. 467, §4 (AMD).]
C. The Bureau of Labor Standards; [1995, c. 560, Pt. G, §15 (NEW).]
D. The Bureau of Rehabilitation Services; [1995, c. 560, Pt. G, §15 (NEW).]
E. [2013, c. 467, §4 (RP).]
F. The Center for Workforce Research and Information; and [2013, c. 467, §4 (AMD).]
G. [2013, c. 467, §4 (RP).]
H. [2013, c. 467, §4 (RP).]
I. The State Workforce Board. [2017, c. 110, §10 (AMD).]
[ 2017, c. 110, §10 (AMD) .]
The Department of Labor may consist of other advisory, planning and coordinating council staff, and such other advisory, planning and coordinating committees or administrative units as the commissioner determines necessary to carry out the purposes of this chapter. [1995, c. 560, Pt. G, §15 (NEW).]
SECTION HISTORY
1995, c. 560, §G15 (NEW). 2007, c. 126, §1 (AMD). 2013, c. 467, §4 (AMD). 2017, c. 110, §10 (AMD).
§1401-B. COMMISSIONER
The Commissioner of Labor is entitled to receive a fixed weekly salary in accordance with Title 2, section 6, and must be paid from the administrative funds of the Bureau of Employment Services, the Bureau of Unemployment Compensation, the Bureau of Labor Standards, the Bureau of Rehabilitation Services and from other program administrative funds that the commissioner is authorized by statute or Executive Order to administer. The commissioner may establish an Office of the Commissioner, consisting of such personnel as determined necessary to carry out the duties and responsibilities of the commissioner, and paid from administrative funds from programs that the commissioner is authorized to administer. [1995, c. 560, Pt. G, §15 (NEW).]
1.Duties. The commissioner has the following duties.
A. The commissioner shall prepare a budget for the department. [1995, c. 560, Pt. G, §15 (NEW).]
B. The commissioner shall appoint to serve at the commissioner's pleasure:
(1) Deputy Commissioner;
(2) Director of Legislative Affairs;
(3) Director of Operations;
(4) Director of Communications;
(5) Director, Bureau of Labor Standards;
(6) Director, Bureau of Employment Services; and
(7) Director, Bureau of Rehabilitation Services. [2013, c. 467, §5 (RPR).]
The commissioner may appoint, subject to the Civil Service Law, such other personnel as may be necessary to carry out the functions of the department. The commissioner may transfer personnel within the department to ensure the efficient utilization of department personnel. The commissioner may require reports and take other actions necessary to carry out the functions of the department.
[ 2013, c. 467, §5 (AMD) .]
2.Purchase. The commissioner shall coordinate the purchase and use of all department equipment.
[ 1995, c. 560, Pt. G, §15 (NEW) .]
3.Review. The commissioner shall review the functions and operations of the department to ensure that overlapping functions and operations are brought to the attention of the Governor and the Legislature.
[ 1995, c. 560, Pt. G, §15 (NEW) .]
4.Data collection. The commissioner shall conduct a survey of manufacturing and nonmanufacturing industries throughout the State once every 2 years to determine hourly occupational wage rates by gender.
[ 1995, c. 560, Pt. G, §15 (NEW) .]
5.Dispute resolution services. The commissioner may provide, by agreement with other agencies, dispute resolution services, including, but not limited to, adjudicatory proceedings, mediation and other alternative dispute resolution techniques.
[ 1995, c. 560, Pt. G, §15 (NEW) .]
6.Monitor employee leasing industry. The commissioner shall coordinate the efforts of the State to ensure that the employee leasing industry is developing in a manner that provides the greatest benefit to Maine employers while minimizing the financial risk to those employers and to the leased employees. The commissioner shall meet at least annually with representatives of the Bureau of Insurance, the Bureau of Revenue Services, the Department of Economic and Community Development, the Workers' Compensation Board and the Bureau of Labor Standards within the Department of Labor. This group shall develop written material for employers and new businesses that are considering using an employee leasing firm. The material must provide guidance for employers on what questions to ask to minimize their own financial risk and that of their employees. The material must also include instructions on how to obtain public information on employee leasing companies, such as information required for registration purposes. The commissioner shall meet with the state officials listed in this subsection on at least an annual basis to review the status of the employee leasing industry and update the written materials as needed.
[ 1997, c. 393, Pt. A, §30 (NEW); 1997, c. 526, §14 (AMD) .]
SECTION HISTORY
1995, c. 560, §G15 (NEW). 1997, c. 393, §A30 (AMD). 1997, c. 526, §14 (AMD). 2005, c. 3, §O2 (AMD). 2007, c. 1, Pt. D, §4 (AMD). 2011, c. 655, Pt. D, §10 (AMD). 2011, c. 655, Pt. D, §11 (AFF). 2011, c. 655, Pt. SS, §2 (AMD). 2013, c. 467, §5 (AMD).
§1402. DEBARMENT FROM STATE CONTRACTS
1.Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meaning.
A. "Repeated violation" means a violation of any legal requirement under the United States Code, Title 29, Chapter 15, where a previous violation of the same requirement was found which involved a substantially similar hazard. [1999, c. 57, Pt. B, §6 (AMD).]
B. "Serious violation" means a violation where there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in that place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. [1983, c. 486, (NEW).]
C. "Willful violation" means a violation committed intentionally or knowingly with an intentional disregard of, or plain indifference to, legal requirements under the United States Code, Title 29, Chapter 15. [1999, c. 57, Pt. B, §6 (AMD).]
[ 1999, c. 57, Pt. B, §6 (AMD) .]
2.Debarment. The Department of Labor shall, after hearing, debar from participation in state contracts for 2 years any person, partnership, corporation or other public or private entity found to have committed a serious, willful violation or serious, repeated violations of a standard under the United States Occupational Safety and Health Act of 1970, United States Code, Title 29, Chapter 15, and either the time for filing an appeal of the determination of that violation has expired or the appeals process has been exhausted.
[ 1999, c. 57, Pt. B, §7 (AMD) .]
The department may make an exception to this section if the condition giving rise to the violation has been abated. [1983, c. 486, (NEW).]
SECTION HISTORY
1983, c. 486, (NEW). 1999, c. 57, §§B6,7 (AMD).
§1403. LABOR STANDARDS FOR PERSONS REQUIRED TO WORK AS CONDITION OF RECEIVING PUBLIC ASSISTANCE AND AFFECTED EMPLOYEES
1.Nondisplacement of existing employees; nonavailability for layoff replacement; noninfringement on promotional opportunities or collective bargaining agreements; labor disputes. A participant who is required to work as a condition of receiving public assistance may not be employed in or assigned to:
A. A position that was previously filled by a regular employee when that employee is on layoff from the same or an equivalent position or when the vacancy was created by terminating an employee or otherwise reducing the workforce; [1997, c. 443, §1 (NEW).]
B. An established position that is vacant; [1997, c. 443, §1 (NEW).]
C. A worksite where there is a labor dispute, including a strike or lockout; or [1997, c. 443, §1 (NEW).]
D. A worksite in a manner that violates an existing contract or collective bargaining agreement or infringes on the promotional opportunities for any employees. [1997, c. 443, §1 (NEW).]
[ 2007, c. 539, Pt. N, §56 (AMD) .]
2.Grievance procedures. The commissioner, with assistance from the department, shall adopt rules to ensure that:
A. Persons required to work as a condition of receiving public assistance have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1; and [1997, c. 443, §1 (NEW).]
B. Regular employees at a worksite where a person required to work as a condition of receiving public assistance works have access to a grievance procedure for the purpose of resolving complaints of alleged violations of subsection 1. [1997, c. 443, §1 (NEW).]
Rules adopted pursuant to this subsection are routine technical rules in accordance with Title 5, chapter 375, subchapter II-A.
[ 1997, c. 443, §1 (NEW) .]
3.Penalty. Employers who do not comply with the requirements of this section may not participate in any work program for individuals required to work as a condition of receiving public assistance.
[ 1997, c. 443, §1 (NEW) .]
SECTION HISTORY
1997, c. 443, §1 (NEW). 2007, c. 539, Pt. N, §56 (AMD).
§1404. MIGRANT AND IMMIGRANT WORKER ASSISTANCE OUTREACH PROJECT
The department, to the extent possible within available resources, shall establish a migrant and immigrant worker assistance outreach project to assist migrant and immigrant workers in the State. The project shall coordinate with employers, employees, labor unions, nonprofit agencies and government agencies that serve migrant and immigrant workers to promote efforts that: [1997, c. 620, §1 (NEW).]